Section 15.2 Incorporation

• Library: Local Government Deskbook (2017 Ed.)

II. (§15.2) Incorporation

Municipal corporations are creatures of law, and their original incorporation is provided for by statute specifically for each of the classes of municipality. These classes, in the original instance, are solely population-based. Although the constitution recognizes four classes of cities, in addition to villages (Mo. Const. art. VI, § 15), the General Assembly has repealed all statutes relating to cities of the first and second class, thereby leaving only cities of the third and fourth class, in addition to villages. Note also that most constitutional charter cities were typically initially incorporated as one of the classifications below.

Classification of cities and towns for incorporation purposes are:

Third Class—3,000 or more inhabitants (§ 72.030, RSMo 2016).

Fourth Class—500–2,999 inhabitants, and all towns existing under any special law and having less than 500 inhabitants (§ 72.040, RSMo 2016). All unincorporated towns containing less than 500 inhabitants are villages (§ 72.050.1, RSMo 2016). Also, any village having more than 200 inhabitants, by a majority vote of its inhabitants, may elect to become a city of the fourth class (§ 72.050.2).

Villages—An unincorporated town may elect to become an incorporated village upon the petition of two-thirds of its inhabitants praying the County Commission to incorporate the town as a village (§ 80.020, RSMo 2016).

Statutes require that the proposed boundary of the proposed incorporated city or town be set forth by metes and bounds, accompanied by a plat, in the petition presented to the governing body of the county. Section 72.080.1, RSMo...